Sulthan Hasan P.A vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the first accused in Crime No.115 of 2023 of Vidyanagar Police Station, Kasaragode district. The offences alleged against the petitioner are under sections 341, 323, 324, 363 and 392 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 21.02.2023, at 1.30 a.m., the accused in furtherance of their common intention, wrongfully restrained the defacto complainant and kidnapped him and took him in another car and thereafter assaulted him with a beer bottle and a blade and detained him till 7.00 a.m. on the next day and thereby committed the offences alleged.

I have heard Sri. C.C.Anoop, the learned counsel for the petitioner and Sri.K.A.Noushad, the learned Public Prosecutor.

Petitioner was arrested on 24.02.2023 and has been in custody since then. The final report in respect of Crime No.115 of 2023 of Vidyanagar Police Station has already been submitted. Petitioner was also detained under the Kerala Anti-Social Activities (Prevention) Act, 2007. Despite the above, since the investigation is already completed and final report has been filed and having regard to the period of detention already undergone, I am of the view that further detention is not essential for the purpose of this case.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the State of Kerala until conclusion of the trial without permission of the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.